IN RE TEAM ROCKET, L.P.

No. 06-0414.

256 S.W.3d 257 (2008)

In re TEAM ROCKET, L.P., MLF Airframes, Inc., and Mark L. Frederick, Relators.

Supreme Court of Texas.

Decided May 23, 2008.


Attorney(s) appearing for the Case

Robert C. McCreary, Law Offices of Lou McCreary, Austin, Cynthia T. Sheppard, Cuero, Mahon B. Garry Jr., Wright & Greenhill, Austin, TX, for Relator.

Gary L. Evans, George Andrew Coats, Coats & Evans, The Woodlands, TX, for Real Party In Interest.


Justice GREEN delivered the opinion of the Court.

In this case, we decide whether a plaintiff who was denied his initial venue of choice can nonsuit his case in the transferee county and refile in a third county. We hold that a plaintiff cannot avoid a venue ruling in such a way. Because the trial court in the third county refused to enforce the prior order setting venue in the transferee county, we conditionally grant the writ of mandamus.

I

Thomas...

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